I am new to the "credit rehab" scene, so pardon me if these questions have been answered before. A judgment was entered against me (in 1998) for some school debt that went unpaid. This action was entered in the county where I attended school, and not my jurisdiction (some 220 miles away). The only reason I found out about it was because I wanted to improve my credit scores and pulled my report. They never tried to execute the judgment against my income or assets. I had a process server get the file from the court and the service was faulty. The person they served does not exist (by name or description), Rather than hire a lawyer for me in court to vacate, I want to try and settle. I called up the office and they basically said "make us an offer". Here are the numbers (approximately): Original Amt in Dispute: 4600 Pre-Judgment fees and expenses, and interest: 1500 Judgment amount:6100 Current amount due (my state allows 9%/year): 8600 I told them that the service was improper (I can still file to challenge the service), and that I would like to settle to avoid the court time and waiting. I was thinking about offering 30% rounded to the nearest 500 increment, or $3000 lump sum in exchange for a motion to vacate and no further collection activity. Even if they don't vacate the judgment, it will fall off my credit report later this year (State Law prevents Credit Report Notification of Judgments after 5 years). But I would rather have it removed now if I can. Thoughts? Nester
I think you can settle for a lot less... closer to $500-1000 MAX. If it will fall off your credit report soon, just file motion to vacate judgement. By the time they get around to filing a new lawsuit the SOL may be up. Need to check your timelines.
Re: Re: Judgement offer amount But, the original contract that they sued you on is beyond the SOL????
Re: Re: Re: Judgement offer amount Well, geez, they haven't enforced it so far. The OP said he didn't know about it until he checked his report. Here we go again kicking sleeping dogs only to have them attach themselves to your ankle.
Re: Re: Re: Re: Judgement offer amount Well, if has a house or some hard assets then he might have to settle otherwise he will never be able to finance!!!
Re: Re: Re: Re: Re: Judgement offer amount How do you figure that when the item is due to fall off his report this year?
Re: Re: Re: Re: Re: Judgement offer amount They do an escorw search when you refi. If they decided to go for a judgement they must have had something they could have attached it too!
1*The person they served does not exist (by name or description), 2*Rather than hire a lawyer for me in court to vacate, 3*I told them that the service was improper (I can still file to challenge the service), and that I would like to settle to avoid the court time and waiting. 4*I was thinking about offering 30% rounded to the nearest 500 increment, or $3000 lump sum in exchange for a motion to vacate and no further collection activity. 5*. By the time they get around to filing a new lawsuit the SOL may be up{ficofightr} 6*Why would they file a new lawsuit. [MOVINGONUP ] 7*If original judgment is vacated they must file new lawsuit to obtain judgment again.(tulipchic) 8*Why in the world would you want to pay them anything?{SoParkDiva ] 9*The judgment is still enforceable, even if it falls off his CR! `pd11604 ` 10*But, the original contract that they sued you on is beyond the SOL? "MOVINGONUP" 11*That is enough to have it removed from your reports. *SLOYAROLE* Nester ++++++++++++++++++++++++++ 1*So how does that make you responsible for the judgment - looks to me like a not yours. 2*You don't have to sue them and get a lawyer to go to court to vacate.Beside that what is there to vacate when it's not in your name? 3*Tell it to the court and your lawyer not them. Don't keep tipping off the other side! 3*Why settle for someone else and have this judgment hanging around on your reports? 4*Why offer anything on a judgment under some body else's name. 5*they might not ever file another suit. 6*to collect the money. 7*they can do so but they don't have to do it. 8*I don't see why the poster wants to pay some one else's judgment for them either. 9*but not against the poster. 10*It wasn't when the suit was filed. So not sure how sol works in this case. 11*RITE! * BUT why IS THE POSTER STANDING IN FOR THAT PERSON? THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
1*I had a process server get the file from the court and the service was faulty. The person they served does not exist (by name or description), 2*Rather than hire a lawyer for me in court to vacate, Nester ============= 1**So what is the name they have on the summons? Is it the same as your name? 2*Why vacate a judgment that's not in your name?
